On The Construction Of Case Guidance System

In the justice work which is under the modern legal system with the statutory law as its characteristic in China, it's an unprecedented work to introduce Chinese-style "Case guidance systems" with the color of "case law". The work includes updates of many major concepts and changes of system. How to understand the major changes? How to establish a set of viable and effective system? On October 26, 2005, the "People's Court outline for the reform of the Second Five-Year (2004-2008)," which is issued by the Supreme People's Court pointed out the direction for us and designed the path. But as a judicial system, the construction of the system still needs serious and meticulous research.The case guidance system discussed in this paper explicates the legal value and effectiveness of the case on the judicial level. It is a method to interpret and realize the law, rather than a reorganization of the legal source position of case on the legislative level, there is entirely difference between cases guidance system and caselaw system. Therefore, the orientation of case guidance system in our country is "theunification of law application." On this basis, the author thinks, the case guidance system means that for the purpose of the unification of law application and free discretion degree, the specific court with the creation right could screen some typical cases as guiding cases strictly according to prescribed procedures and standards. These cases could provide effective reference and guidance for the trial of some similar cases in the certain ranges. In this way, we can make our efforts to reduce the phenomena of different judges of the same case which is due to regional disparities, the trial-level differences, the differences in judicial organization. Thereby, justice unity of the court will be enhanced and a just and efficient justice system will be promoted. Currently, it's an objective need of our legislative and judicial in China to establish the case guidance system. It can make up for deficiencies in China's legislation, will be beneficial to improve the level of justice administration and is a useful supplement of China's legal interpretation system. Case plays a guiding role in trials is not only an important rule in justice but also the embodiment and implementation of trial supervision principles established by "the Constitution" in the administration of justice. The Supreme People's Court guides the practice of different district courts' trial in the form of cases over the years. It has accumulated a lot of valuable experience for establishing the case guidance system. In recent years, various attempts of some District Court trial in playing the role of cases in trial also provide useful material for the establishment of the case guidance system. Based on this, the author believes, the case guidance system in China must be established within the framework of the law and it should follow the principle of gradual and classified establishment according to the need of justice. To be specific, we must first ascertain the Supreme People's Court is the only mainstay to produce and issue the guiding case and. Second, we should formulate criteria to select guiding cases, ensuring the cases possess the quality of representative, correctness and demonstration; then, to build a strict and standardized procedures for the selection, production and dissemination process of guiding cases; finally, make clear the effect of guiding cases, that is, the law force of guiding cases is only less than the judicial interpretation, and it should be strictly observed.